ONKAR MAL Vs. STATE

JUDGEMENT

(1.) (Oral) - This petition is directed against the conviction of the petitioner under section 7/16 of the Prevention of Food Adulteration Act (hereafter called "the Act"). On the 14th of Jan., 1972, Food Inspector Shri Vir Bhan Sharma, P.W. 2, purchased the powder of red chillies from the petitioner. He made the purchase after giving a notice to him. He paid Rs. 2.70 p. in respect of which receipt Exhibit P.A. was executed. The sample purchased by P.W. 2 Vir Bhan was divided into three parts. Each part was transferred to dried-clean bottles which were fastened and sealed. One of the samples was left with the petitioner. When the concerned sample was analysed by the Public Analyst he found it adulterated. Exhibit P.E. is the report by the Public Analyst in which it is stated:-

(2.) When P.W. 2 was cross-examined again on the 10th of July, 1972, the same line of cross-examination was pursued and he answered:-

(3.) The Public Analyst was examined as D.W. 1. Mr. Mathur has drawn my attention to his statement that he did not know the name of the Chemist who had performed the test. That does not in any way interfere with the authenticity of the report Exhibit P.E. that the sample which was analysed was found adulterated due to the presence of artificial coal tar dye'